ARIZONA STATE SENATE
Phoenix, Arizona
county zoning; site units
Current
statue defines a factory-built building as a residential or nonresidential
building including a dwelling unit or habitable room that is either wholly or
in substantial part manufactured at an off-site location to be assembled
on-site. A manufactured home is a
structure built in accordance with the provisions of the federal Manufactured
Housing Act. There is no statutory
definition for a site delivered dwelling unit, which does differ from the other
two previous categories. The definition
for a site delivered dwelling unit included in this legislation includes a
combination of the definitions for a factory-built building and a manufactured
home, but specifies the site delivered dwelling unit must be new.
Local
jurisdictions are prohibited from adopting building codes that regulate the
construction, inspection and installation of manufactured and factory
homes. However, local jurisdictions are
not preempted from adopting zoning regulations affecting manufactured or
factory built homes. Pima County has
recently adopted zoning regulations governing the location of manufactured
homes. The Manufactured Housing
Industry of Arizona claims these regulations are unwarranted. Pima County maintains that the regulations
are used to preserve neighborhood conformity, property values and the county
tax base. H.B. 2200 allows counties the
option of using the new definition of a site delivered dwelling unit for zoning
regulations.
There
is no direct fiscal impact related to the state general fund associated with
this legislation.
1. Allows, but does not require, counties to use the statutory definition of a site delivered dwelling unit regarding zoning ordinances.
2. Specifies that this legislation is not to be interpreted as interfering with, superseding or invalidating any valid deed restrictive or restrictive covenant.
3. Specifies that this legislation is not to be considered state public policy with respect to the validity or enforceability of any deed restriction or restrictive covenant.
4. Defines a site delivered dwelling unit as a new manufactured home or a new residential factory-built building that meets the following criteria:
a.
the
structure is placed on a permanent foundation or foundation system. This includes foundations or foundation
systems approved by the manufacturer, under the national manufactured home
construction and safety standards or under county building codes.
b.
the
structure is at least two sections in width and contains at least 960 square
feet of livable area.
c.
An
affidavit of affixture, as provided by law, is recorded.
d.
the
structure satisfies county requirements regarding exterior materials and
appearance and area or neighborhood standards.
5. Defines valid deed restriction or restrictive covenant as a restriction or covenant that is properly recorded under statute, that applies to the property in question and that has not been found invalid by a court.
6. Establishes a 12 person study committee on site delivered dwelling units consisting of:
a.
two
members of the House of Representatives, from different political parties, and
two members of the Senate, from different political parties, appointed by
their leadership.
b.
four
members representing counties who are appointed by the County Supervisors
Association. There must be at lease one
member from each of the professions of county manager, county planner and
county zoning administrator.
c.
four
members who represent the site delivered dwelling unit industry who are
appointed by the manufactured housing industry association. There must be at least one member from each
of the professions of site dwelling unit retailer, installer and developer.
7. Provides duties of the committee relating to county zoning regarding site delivered dwelling units, including:
a.
reviewing
current zoning approaches to site delivered dwelling units including single
family, rental community and subdivisions.
b.
reviewing
current problems experienced by counties or the site delivered dwelling unit
industry with units built in factories. Discussing existing land use, planning
and zoning approaches.
c.
receiving
information from county zoning review processes conducted during 2001 and from
general plan review and development processes on site delivered dwelling units.
d.
reviewing
potential new options that counties and the site delivered dwelling industry
may pursue together. This includes
rehabilitation, replacement and recycling on existing units or development of
joint or regional approaches with cities.
e.
cooperating
and coordinating with existing land use/housing study committees.
f.
recommending
state and local measures or definitional changes that may address problems
uncovered by the committee.
g.
reviewing
the percentages of manufactured housing unit permits compared to site built
units.
h.
comparing
Arizona statistics and national data on site delivered dwelling units.
i.
reviewing
recent court decisions regarding local government zoning and site delivered
dwelling units.
j.
comparing
affordable housing data in Arizona for site delivered dwelling units and unit
costs.
k.
reviewing
other appropriate data.
8. Requires the committee to submit a written report to the House of Representatives, the Senate, the Governor, the Secretary of State and the Arizona State Library, Archives and Public Records before December 31, 2001.
9. Repeals the committee after January 1, 2002
10. Provides for a general effective date.
3rd Read
3/19/01 36-19-5-0
Prepared by Senate Staff
April 6, 2001